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Bankruptcy (Scotland) Act 1985 (repealed), Section 31C is up to date with all changes known to be in force on or before 31 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)This section applies where—
(a)property is excluded from the debtor’s estate by virtue of section 420(2)(a), (b), (c) or (d) of the Proceeds of Crime Act 2002 (property [F2excluded from debtor’s estate] ),
(b)a confiscation order is made under section 6, 92 or 156 of that Act, and
(c)the confiscation order is discharged under section 30, 114 or 180 of that Act (as the case may be) or quashed under that Act or in pursuance of any enactment relating to appeals against conviction or sentence.
(2)[F3Any property in the hands of a receiver appointed under Part 2 or 4 of that Act or an administrator appointed under Part 3 of that Act vests in the F4. . . trustee as part of the debtor’s estate.]
[F3Any such property vests in the trustee as part of the debtor’s estate if it is in the hands of—
(a)a receiver appointed under Part 2 or 4 of that Act,
(b)an administrator appointed under Part 3 of that Act,
(c)an appropriate officer (within the meaning of section 41A, 120A or 190A of that Act).]
(3)But subsection (2) does not apply to the proceeds of property realised by a management receiver under section 49(2)(d) or 197(2)(d) of that Act (realisation of property to meet receiver’s remuneration and expenses).]
Textual Amendments
F1Ss. 31A-31C inserted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), Ss. 456, 458(1)(3), Sch. 11 para. 15(4); S.I. 2003/333, art. 2(1) Sch. (subject to transitional provisions in arts. 3-14) (as amended by S.I. 2003/531); S.S.I. 2003/210, art. 2(1)(b), Sch. (subject to transitional provisions in arts. 3-7)
F2Words in s. 31C(1)(a) substituted (1.6.2015) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 52(2); S.I. 2015/983, arts. 2(2)(e), 3(e)
F3S. 31C(2) substituted (1.6.2015 for specified purposes) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 52(3); S.I. 2015/983, arts. 2(2)(e), 3(e)
F4Word in s. 31C repealed (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 226, 227(3), Sch. 6 Pt. 1 (with s. 223); S.S.I. 2008/115, art. 3(2)(3), Sch. 2 (with arts. 4-6, 10 (as amended (with effect from 31.1.2011) by S.S.I. 2011/31, art. 5))
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